G & T Show 228 – Semantic Shenanigans
G & T Show 228 – Semantic Shenanigans is now available to download. Check it out here. Nick, Terry, Mike, and Janet brave the temporal anomaly known as Daylight Savings to deliver the latest news from across the Star Trek multi-verse. Joining them is Terry’s other half, KojioVance. This week, they briefly discuss General News, Book News, Movie News, and more. For the Unofficial Productions segment, they spend a great deal of time discussing the Amended Complaint CBS/Paramount turned into the court in the latest news in the court room drama known as CBS/Paramount vs. Axanar. Also, they manage to get some time to talk about TNG’s Tapestry and TOS’s Amok Time in this week’s 50 for 50. Sit back, relax, and enjoy this lengthy episode of the G & T Show.
They kick off this week’s show with their usual introductions and banter with their guest before jumping into Coffee Klatch. Nick had three wisdom teeth pulled on Friday and is currently on Vicodin. He finished reading Harry Potter and the Chamber of Secrets. He got a Vicodin hard-on from the new Captain America trailer. He shares his thoughts on the character of Captain America. Janet is on spring break but has been inundated with homework from one professor in particular. She won’t be going to Florida, but will be going to New York to visit her parents and help with their taxes. She talks about what she can expect from it. Mike made words this week. He has been blocked for months and is pleased to have made words at all. He doubts that they are good words, but is pleased with the effort nonetheless. He’s started outlining a screenplay and it’s not SciFi. Kojiro spent the day setting up the microphone. Terry adds that’s exactly what they did this week work and set up a microphone. Chloe and Casey went for a walk yesterday and barked at rabbits and coyotes.
With so much to cover, they decide to begin with Unofficial Productions and the latest news coming out of the lawsuit CBS/Paramount v. Axanar. (Janet is writing an analysis of the Amended Complaint, so I will not go into great detail over it at this time.) Terry begins with a brief synopsis of the recent events leading to the Amended Complaint. She also mentions Janet’s blog posts discussing the lawsuit. Terry passes to Janet and she begins her break down of the new 48-page document. She’s hoping to get the article out by Monday, so she can spend the rest of her time focused on homework. Nick mentions that Janet came to the show to be their Social Media Manager and wonders if they have overstepped in asking her to use her knowledge of the law as a retired lawyer to comment on the Axanar case. She states that she’s enjoying it and doesn’t mind since, she has met a lot of new people and made new friends, but she’s also been called a lot of names.
This Amended Complaint is in direct response to the Motion to Dismiss. It still focuses on the same six issues that were included in the MtD. The new complaint directly responds to the first issue, dealing with which specific copyrights Axanar violated. She states that the first ten pages of the document are nearly identical to the original complaint. The later part of the document features two columns with the first dedicated to the infringement and the second listing the specific copyright it violates along with details and a date. The second issue regarding who owns what is addressed in the new document. The third issue, Janet calls Semantic Shenanigans on it. It gets blown out of the water with thorough side-by-side comparisons in the later portion of the document. The fourth issue revolves around the suit being unripe and specifically that there was no script, which she’ll discuss later. The remaining two issues are the prior restraint on freedom of speech. She doesn’t know what they are talking about regarding that point. There’s a brief discussion of the first amendment. The final point was about violating plantiff’s rights in regard to the fan film was their weakest argument and doesn’t make a lot of sense to her.
Janet jumps to page 9 and provides graphics to the chat room. (The graphics will be included in Janet’s post that will come out later in the week.) Page nine addresses the lack of script and includes a pair of pictures of Alec and his writing partners holding what looks like a sheaf of paper and the other photo features a cover page to what could be the script with the caption that it’s a locked script. Janet talks about hearsay and how this image falls into that category. She says that this sheaf of paper doesn’t have to be a script, but because they say that it is, it is admissible, as it would not be used to prove the truth of their statement. Nick tries to clarify it with a unique analogy. The reason it matters is because in their motion to dismiss they stated that there is no script, yet here is proof in which they state that there is. This contradiction creates a paradox, which should throw up a red flag for donors. Janet says that donors that feel they have been wronged, they will have to pursue it through different means, because this lawsuit is not for the donors and does not mention the donors within it. She goes on describe some options that donors have available to them.
Nick talks about Axanar’s PR guy, Mike Bawden visiting the lawsuit group and talked answered questions. Nick praised him and mentions some of the revelations Bawden had given them, including his frustrations trying to get Peters and Burnette not to speak publicly about Axanar right now. Nick reminds everyone about all of the times the G & T Show has supported Axanar over the years and yet for asking questions, they have been labeled haters. Terry moves the discussion back to the Amended complaint. Janet displays the first side-by-side comparison which deals with the Klingon appearance. They discuss the points of similarity between the two of them. They go through several more pages of the side-by-side comparisons (I will not going into a lot of detail about them at this time).
The chat room asks about cosplay. Janet addresses the issue as not being related in that most cosplayers are not charging to make their appearances. Terry mentions that people who dress in costumes typically are not competing with the original. Kojiro adds that cosplayers are paying an homage to the original, which is different than creating costumes and saying they are more than what they are is an infringement. Nick says that when conventions sanction costume contests, they are essentially giving people permission to dress up and celebrate the IP.
With that, Janet returns to her discussion of the Amended Complaint and the dry dock. She thinks it’s probably one of the weakest arguments. She thinks that it is a warning to what is coming up next in the discussion of the starships. Mike points out that although the angle may be off a little bit, the image from Axanar is nearly identical to the image of the Enterprise in space dock in Star Trek The Motion Picture to the point that a layman could see it. They talk about the Enterprise as well as the Klingon ships as well before moving on to the UFP logos and other related graphics.
Terry pushes forward to the Garth of Izar Costume. The costume was very same screen-used costume from the show. When Alec purchased the costume, the rights to the copyrighted part of the costume did not transfer. The value of the costume is the fact that it was in the show. Removing that makes the costume makes it relatively worthless. Janet talks about Propworx using the same space as Ares Studio. It’s commingling and she’s interested in seeing the books from Ares. Terry wonders if Propworx got a rental fee from the use of the costume in the film. The books may be used in discovery.
Janet talks about the argument Burnette got into on Twitter between the difference between calling their facility a studio verses it being a warehouse. They are renting a space, but they have called it a studio and are outfitting it as a studio so it could be used as a studio. By their own admission, it is a studio when they are they are trying to raise money, but it’s a warehouse when they’re being sued. Once again, it’s a hearsay statement. They don’t need the verbiage to prove the veracity. It’s just a contradiction and a paradox.
Terry goes on to talk about the photo of the Garth costume once more. The photo was taken from New Voyages’ sets and even featured the cast from the New Voyages fan production. Mike states that this scene was shot on New Voyages sets to be used as part of two vignettes meant to accompany the Axanar DVDs as extras. They don’t believe it was going to be part of a New Voyages episode. Terry adds that this does not mean plaintiffs are going to sue New Voyages. If CBS/Paramount were going to do that, they would do it separately from the Axanar suit.
Janet addresses the Does. Their definition has not changed from the original complaint. They are not named in this document. Some of the people in the document’s images may be Does, but that is not definite. She speculates a little bit over who might be a Doe. The visual effects people, Tobias Ritcher may be a Doe as well as Sean Tourangeau for his ship models. Addressing the Does, Janet once again asks everyone to seek out their own legal representation immediately and do not wait for themselves to be named or to assume that Axanar’s lawyers will protect them. Their interests may conflict with those of Axanar.
Terry thinks that this new claim has really focused on the copyright claims. She doesn’t think they need to bring in any other claims against Axanar, whether it’s trademark or some other aspect. They don’t need to bring up anything else such as the donor store items and other things, but they still may. Janet thinks the donor store items may end up being brought up as damages. The document is set up for a jury to look at the document and come to an easy conclusion that Axanar infringed on the Star Trek IP.
Mike brings up one more thing from the document. The 1701 interview and article by John Kirk was part of the complaint. Terry mentions that was the reason why G & T insisted on getting Alec’s attorney’s permission to appear on the show for an interview. She didn’t want G & T to be linked to the amended complaint. The document using the link to point out Alec’s admission that they have infringed on CBS/Paramount’s IP but they have done it less than others. Janet says it’s not a defense. Janet finishes up with what the next steps are and what the timetable is. The defense can file a motion to dismiss or answer. Discovery will start after that. A scheduling conference will be held on May 9th. The scheduling meeting will be short and will most likely not be open to the public. At that time, they may also settle or agree to alternative dispute resolution. When more documents are posted, we will get them from PACER. Terry adds that the process has begun again because of the new complaint. So Axanar will respond to it next.
Mike’s last word is to point out that Vulcan looks nothing like Iran. Real locations can inspire fictional locations, but Vulcan is a fictional place and if it looks like Vulcan, then you’re infringing on their copyright and it has nothing to do with the real place (Iran).
Nick moves us into Movie News with the announcement that Iranian actress Shohreh Aghdashloo has been added to Star Trek Beyond’s cast as either the Head of Starfleet Command or the Federation President for a recent round of reshoots. They don’t know what problems they have encountered, but they have scheduled reshoots for July. Terry provides some of Aghdashloo’s background as an actress. Some people are concerned. Mike points out that it’s not uncommon. Maybe they realized during editing that something could have been clarified or something reshot from a different angle or something. Terry doesn’t think it’s a big thing. Nick thinks it could equate to Janeway’s appearance in Nemesis.
Nick reveals what he’s going to cosplay as at STLV this year. He’s going to cosplay as Andy Fark, our friend and the drummer for Five Year Mission. Terry explains that because of their in depth analysis of Axanar, they didn’t get the chance to discuss all of the links they have accumulated over the course of the week. All of the links will be provided as part of the show notes. Please feel free to look over the general, technology, and gaming news. She even mentions their recent interview with Alex “Nod” Engel from Star Trek Timelines. Dayton and Kevin are at StarFest in Denver. Trek Karen was able to meet Dayton. Nick reveals that on Friday April 1st, they will be sitting down with Dayton Ward for a special live interview and announcement involving Star Trek’s 50th Anniversary. The NDA will be lifted and he will be able to discuss the news. Terry and Mike have been promised that this is not an April Fool’s joke.
Terry mentions some book news. John Jackson Miller’s Star Trek book series Prey have release dates. Skimming through the links she mentions the article discussing the Tri-dimensional Chess Set, before moving back to Unofficial Productions. Farragut has released their new episode for The Crossing. Mike adds that for Star Trek: Continues, their Indiegogo campaign is underway. They wish them luck and support them.
They move onto this week’s 50 for 50. This week they discuss TNG’s Tapestry and TOS’s Amok Time. Kojiro has joined them to discuss these episodes. They start with Tapestry. He was pleased to see it in the top 25. He runs through a quick synopsis of the episode. It’s a Wonderful Life meets Star Trek with Q playing the role of the angel. Everyone talks about their favorite bits from the episode. They discuss Q, Picard, and near death experiences among other topics. For Amok Time, Nick offers a quick synopsis before Mike talks about how much he hated the message this episode conveyed. Nature trumps logic and it’s okay to murder and rape under the pretense of Pon Farr. He sets up his case for rape through Spock mentally raping Valeris and then Torik’s attempted rape of B’Elanna and the “murder” of Kirk by Spock. Terry returns to the episode discussion from the perspective of Pon Farr. The episode was the first time we got a look at Vulcan and of Vulcan culture. It was the first episode of the second season, even though it was the fifth episode of the second season. They talk about other ways that the episode was so important to Trek and the original series, including its iconic music.
After 50 for 50, Kojiro offers up some details about Enterprise’s position through out the survey, since the final episode of Enterprise appearing in the 50 for 50 was discussed last week. He talks about the highest and the lowest positions it held in the survey. The median scores for the series was higher than all of the others. He goes over all the mean scores for all of the series. Enterprise had more consistent scores throughout the survey. It had consistently higher scores overall. Generally speaking it was the most popular episode. Nick wondered if the length of the series had an impact on it. TOS only had 3 seasons but it was also 50 years old. Kojiro goes through some of the episodes that he liked that didn’t make the top 50. Some of the episodes he mentions and their positions were surprising. They talk about Dear Doctor and how polarizing the episode was. Nick wonders what was the most polarized episode of the entire survey. Kojiro will research it.
Next week, they will be discussing #22 DS9’s s03e21 The Die Is Cast and #21 TNG’s s06e04 Relics. They were surprised by Relics’ appearance on in the top 50. Mike points out that the episodes they discussed this week, the stories were very character-driven.
They finish up with this week’s announcements. Mike points out their interview with Alex “Nod” Engel from Star Trek Timelines. He also mentions Straight Outta Gallifrey will be recording their next episode this week and will have special guest, James Kerwin with them. He also wrote words. Terry sends congratulation to Antaeus Theater Company for the success of their Kickstarter. There is still time to contribute to the fundraiser. Congratulations to Farragut for their new episode and to Star Trek Continues for the launch of their Indiegogo.
Mike mentions a concern that he is not writing fan fiction right now because of what is going on because of the Axanar issue. He’s not selling it and it is not anything he has to worry about it. But it is a concern that a lot of people have been having. They discuss it and how Axanar has done that has drawn attention to it and it’s not something that most fan fiction writers have to worry about. No one wants to see a precedent set that requires IP holders to be on the look out for everyone that infringes on an IP by having fun and out of love. Terry once again reiterates the stance as it also pertains to cosplayers. Money has a lot to do with it. If you want to make money on Star Trek, get a license to do it. Simon & Schuster, Bye Bye Robot and others are all license holders. They bought the right to create and sell Star Trek products. This lawsuit is designed to protect their license holders as much as anything else.
They thank Kojiro for joining them and wind down this week’s show.
G & T Show Links
- G & T Show SL – Alex “Nod” Engel of Star Trek Timelines – http://www.gandtshow.com/g-t-show-sl-alex-nod-engel-star-trek-timelines/
- Axanar: Order Setting Scheduling Conference – http://www.gandtshow.com/axanar-order-setting-scheduling-conference/
- Buffalo State Experts help with restoration of the starship Enterprise – https://www.facebook.com/groups/CBSvsAxanar/permalink/1169397533071615/
- Trek Talks Launched to Celebrate Star Trek’s 50th Anniversary – http://www.startrek.com/article/trek-talks-launched-to-celebrate-star-treks-50th-anniversary
- Star Trek / We Love Fine Design Contest judged by STO, ReedPo9p, and ThinkGeek – http://community.welovefine.com/m/contests/detail/star-trek-50-contest
- MeTV – Watch the Smithsonian Take Apart the Original Star Trek Enteprise – http://metv.com/stories/watch-the-smithsonian-take-apart-the-original-star-trek-enterprise
- 4.7-Inch Organic LCD Wraps Right Around Your Wrist – TMP’s wrist communicator – http://gizmodo.com/this-4-7-inch-organic-lcd-wraps-right-around-your-wrist-1760528799?utm_campaign=socialflow_gizmodo_facebook&utm_source=gizmodo_facebook&utm_medium=socialflow
- Here’s How We Could Reach Mars In Just 30 Minutes – Solar Sail propelled by high-powered laser – http://www.iflscience.com/space/laser-propelled-spacecraft-could-reach-mars-30-minutes-seriously
- Suturing Wounds with Lasers – Star Trek’s Auto-Suture is a step closer to reality – http://gizmodo.com/someday-suturing-a-wound-will-involve-lasers-1757411919
- NASA Technology to Help develop Noninvasive Medical Treatments – 4 patents from NASA and GRoK Technologies could help regenerate bone and muscle on long spaceflights – http://www.nasa.gov/press/2014/february/nasa-technology-to-help-develop-noninvasive-medical-treatments/#.VtU6rZwrKUm
- Former Fermilab Physicist aims to build Star Trek-style Antimatter engine – $200k Kickstarter goal will measure thrust in this system – http://www.popsci.com/former-fermilab-physicist-aims-to-build-star-trek-style-antimatter-engine?platform=hootsuite
- Samuel Wall’s Art Station page shows Star Trek Online’s Iconian Concept Art – https://www.artstation.com/artwork/QWlzd
- Star Trek Timelines: Captain’s Guide: Navigating Episodes In Star Trek Timelines – https://www.disruptorbeam.com/blog/entry/captains-guide-navigating-episodes-in-star-trek-timelines
- Star Trek Timelines: Captain’s Guide: Starship Battles in Star Trek Timelines – https://www.disruptorbeam.com/blog/entry/captains-guide-starship-battles-in-star-trek-timelines
- Star Trek Timelines: Ambassador Spock & Abe Lincoln are available as chance drops in store pack – https://www.facebook.com/startrektimelines/photos/np.1457640026413666.1257760325/1752707601631771/?type=3&theater¬if_t=notify_me_page
- Star Trek Online: Romulan Admiralty Campaign – http://www.arcgames.com/en/games/star-trek-online/news/detail/9843793-star-trek-online%3A-romulan-admiralty-campaign
- Star Trek Online: Into the Breach Event – http://www.arcgames.com/en/games/star-trek-online/news/detail/9843813-star-trek-online%3A-into-the-breach-event
- Mr. Spock Gets the Hamilton Treatment in star trek musical mashup – http://entertainmentweekly.tumblr.com/post/140275433474/mr-spock-gets-the-hamilton-treatment-in-amazing
- Star Trek Deep Space Nine Unofficial Blu-Ray Teaser for Season 2 – https://vimeo.com/157758402
- Star Trek Continues To Boldly Indiegogo Campaign – https://www.indiegogo.com/projects/star-trek-continues/x/3523114#/
- Mike Schmidt’s BucketList GoFundMe to appear in Renegades with some of his favorite Trek actors – https://www.gofundme.com/m8rppqr8
- Unoffiicial Fan made Intro for New CBS Star Trek series – https://www.youtube.com/watch?v=K48NKskVtms
- Star Trek Beta Fleet: The New Unofficial Comic You Don’t Want to Miss – http://trekmovie.com/2016/03/09/star-trek-beta-fleet-the-new-unofficial-comic-you-dont-want-to-miss/
- CBS / Paramount File Amended, Detailed Complaint Against Axanar – http://1701news.com/node/1077/cbsparamount-file-amended-detailed-complaint-against-axanar.html
- (To be used at relevant point in the Axanar discussion only DO NOT SHARE) – Axanar Vignettes to be Shot With Star Trek: New Voyages – http://www.axanarproductions.com/axanar-vignettes-to-be-shot-with-star-trek-new-voyages/
- The Growing Problem of Phony “Fair Use” Claims: From Michelle Shocked to Axanar – http://copyright.nova.edu/fair-use-claims/?curator=MusicREDEF
- Starship Farragut: The Crossing – https://www.youtube.com/watch?v=-ZpVMDJrT20
- Keith DeCandido’s message about Treklanta – https://www.facebook.com/chrismj27/posts/10153929388208255
- Keith will be judging The Independent Star Trek Fan Film Awards at Treklanta – https://www.facebook.com/groups/451133181716112/permalink/593886934107402/
- Creation Entertainment’s STLV 2016 – Whoopi Goldberg appearing on Thursday – http://www.creationent.com/cal/st_lasvegas_guests.html
- Whoopi Goldberg Warping To Star Trek Las Vegas – http://www.startrek.com/article/whoopi-goldberg-warping-to-star-trek-las-vegas
- Aghdashloo Joins Star Trek Beyond Reshoots – http://www.darkhorizons.com/news/41863/aghdashloo-joins-star-trek-beyond-reshoots
- Shohreh Aghdashloo Joins Star Trek Beyond as Federation Leader; Film Prepping for Reshoots – http://trekcore.com/blog/2016/03/shohreh-aghdashloo-joins-star-trek-beyond-as-federation-leader-film-prepping-for-reshoots/
- Shorhreh Aghdashloo Has Boarded Star Trek Beyond – http://deadline.com/2016/03/shohreh-aghdashloo-star-trek-beyond-paramount-1201718696/
- John Jackson Miller’s Star Trek Prey Book series 2016 release dates – https://www.facebook.com/photo.php?fbid=1256635737683187&set=a.100126510000788.70.100000103171014&type=3&theater
- Legacy of Spock, Part One, Out on Wednesday – http://www.startrek.com/article/idws-legacy-of-spock-part-one-out-on-wednesday
- First Look: DS9 – Force and Motion – http://www.startrek.com/article/first-look-star-trek-deep-space-nine-force-and-motion
- Moonves Talks All Access, CBS Must Wait 6 Months After Beyond before Trek Can Come Back to TV – http://trekmovie.com/2016/03/08/ceo-les-moonves-says-cbs-must-wait-six-months-after-beyond-launch-before-trek-can-come-back-to-tv/
- It’s OK to get excited about the new Star Trek Series – http://www.techtimes.com/articles/139776/20160309/why-its-okay-to-get-excited-about-the-new-star-trek-series.htm
- First Look: Tridemensional Chess Set From Franklin Mint – http://www.startrek.com/article/first-look-tridimensional-chess-set-from-franklin-mint
- The Problem with Teleportation – http://gizmodo.com/the-problem-with-teleportation-1763308873?utm_campaign=socialflow_gizmodo_facebook&utm_source=gizmodo_facebook&utm_medium=socialflow
- Top 10 Best Captain Picard Quotes – http://www.top10-best.com/c/top_10_best_captain_picard_quotes.html
But, wait. There’s more.
He is the co-owner of Busy Little Beaver Productions and is the producer and co-host for G & T Show and Gates of Sto’vo’kor. He’s directed voice actors, and produced and edited audio podcasts and dramas because he doesn’t have the face for video. He plays well with others and is always on the look out for the next project, the next thing, the next next. If he wasn’t working on something with a half dozen other projects waiting in the wings, somebody please check to make sure he’s still breathing.
During the day, he’s a mild-mannered computer repair man who dabbles in web design in his small, rural, Central California community. He lives with his lovingly dysfunctional family and loyal canine companion and spends most of his time in the closet concocting some hair-brained scheme or another. He’s got an unhealthy obsession with Lego video games, Klingons, and Star Trek Online that borders on the neurotic.
Despite all this, he still finds the time to write the words. Find out what he's doing here.
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